Ezel / Ethics Opinions / JUDICIAL-SD

Could a sitting South Dakota legislator campaign for judicial office while remaining in the legislature?

Short answer Yes. The Committee said the constitutional bar on serving simultaneously as judge and legislator did not prevent a legislator from running for judicial office, but a successful candidate could not hold both offices at once.
Bar
JUDICIAL-SD
Issued
2014
Source
View Original PDF

Apply this to your situation

This page answers the general question as of 2014. Ask about yours and see what the current rules of professional conduct in your state say for your facts, with citations.

Disclaimer: Advisory only. Not binding precedent.
About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official ethics opinion. The original opinion (linked on this page as a PDF) is the authoritative source for any reliance.
View original ethics opinion (PDF)

Plain-English summary

A state representative asked whether he could campaign for a judicial position while continuing to serve in the legislature. The Committee answered yes.

It read the South Dakota Constitution’s prohibition on a judge being a member of the legislature as a limit on simultaneous officeholding, not on campaigning while still a legislator. It added that a successful candidate could not serve as both a judicial officer and legislator. The Committee also pointed the candidate to Canon 5 on judicial campaign conduct.

Currency note

This opinion analyzed the South Dakota Constitution and Canon 5 as understood when issued. Verify later legal changes before applying its campaign analysis.

In practice

The opinion permitted the described campaign while the person remained a legislator. It separated candidacy from holding judicial and legislative office at the same time.

Common questions

Q: Could the legislator run for a judgeship?

A: Yes. The Committee said the constitutional provision did not bar the campaign.

Q: Could the candidate keep both offices after winning?

A: No. The Committee said a successful candidate could not serve simultaneously as judge and legislator.

Background and rules framework

The Committee interpreted South Dakota Constitution article III, section 3 and article XXVI, section 19. It also referenced Canon 5 of the South Dakota Code of Judicial Conduct for campaign conduct.

Citations and references

  • S.D. Const. art. III, § 3; art. XXVI, § 19.
  • South Dakota Code of Judicial Conduct Canon 5.

See also

Source

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